Legal Opinion

Rush v. State

Court of Appeals of Georgia

Decided April 25, 1978No. 55482Published

1Opinion of the Court

Birdsong, Judge.

Rush appeals his conviction, by a jury, of aggravated assault. Held:

1. At trial, a witness testified that, immediately prior to the incident for which Rush was convicted, Rush had abducted her at gunpoint, asked her whether she knew "any white friend, that he wanted to go to bed, you know, with a white girl,” and finally, that Rush had raped her. To this latter testimony, Rush timely objected as irrelevant and prejudicial.

This evidence was admissible "to show intent, motive, plan, scheme and bent of mind of the defendant. [Cits.]” Davis v. State, 233 Ga. 638 (2) (212 SE2d…

2Cases cited6 opinions

  1. Rini v. StateSupreme Court of Georgia · 1976
  2. Franklin v. StateCourt of Appeals of Georgia · 1975
  3. Carter v. StateSupreme Court of Georgia · 1976
  4. Davis v. StateSupreme Court of Georgia · 1975
  5. Pitts v. StateCourt of Appeals of Georgia · 1973

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